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HENSLEY v. NATIONAL FREIGHT TRANSP., INC.

No. COA07-1544.

668 S.E.2d 349 (2008)

Debra Sizemore HENSLEY, Administratrix of the Estate of Ashley Nicole Hensley Raymer, Deceased, Plaintiff, v. NATIONAL FREIGHT TRANSPORTATION, INC.; TDY Industries, Inc., d/b/a Allvac; Larry Allen Smith, Individually and d/b/a Larry Allen Smith Trucking; Paul Wayne Smith, Individually and d/b/a Larry Allen Smith Trucking; Robert E. Smith, Individually and d/b/a Allen Smith Trucking; and Allen Smith Trucking, a de facto North Carolina Partnership, Defendants.

Court of Appeals of North Carolina.

November 4, 2008.

Attorney(s) appearing for the Case

Guthrie, Davis, Henderson & Staton, PLLC, by Dennis L. Guthrie, John H. Hasty, and Justin N. Davis, Charlotte, for plaintiff appellant.

Womble Carlyle Sandridge & Rice, PLLC, by James P. Cooney and Tricia Morvan Derr, Charlotte, for TDY Industries, Inc., d/b/a Allvac defendant appellee.

McCULLOUGH, Judge.

Plaintiff appeals from a trial court order granting defendant's motion for summary judgment. We reverse and remand.

FACTS

On 30 June 2005, Robert Smith ("Robert"), a truck driver who worked for National Freight Transportation, Inc. ("National Freight"), drove a flatbed truck to the TDY Industries, Inc., d/b/a Allvac ("Allvac") facility in Richburg, South Carolina to pick up a load of zirconium wire coil. The coils were lying...

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